Lubbock, TX asked in Criminal Law for Texas

Q: I have a strong desire for my uncle's case to be reopened. I believe that he was jailed even though there was no evidence

How can I start?

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1 Lawyer Answer
Milan Marinkovich
Milan Marinkovich
  • Criminal Law Lawyer
  • The Woodlands, TX
  • Licensed in Texas

A: In general, a Notice of Appeal must be filed within 30 days of the date the defendant was sentenced. However, if a Motion for New Trial was filed, then the appeal must be filed within 30 days after the Motion for New Trial was denied.

This appeal goes to one of the 14 Courts of Appeal in Texas. ( Each court has jurisdiction based on a specific geographical region of Texas.

It is important to note that the appellate court does not determine "guilt" or "innocence". They simply review the verdict to determine whether there is any evidence to support it. This is called "legal sufficiency". Also, new evidence cannot be admitted during the appeal.

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